Dist. Ct. did not commit plain error in accepting defendant’s guilty plea to drug conspiracy charge, even though Dist. Ct. improperly failed to advise defendant of potential that he might be deported to Mexico as consequence of said plea. While Rule 11(b)(1)(O) required Dist. Ct. to issue said warning, defendant failed to establish reasonable probability that he would not have pleaded guilty had he received said warning, where record showed that: (1) prior to entering guilty plea, defendant was aware that he faced high likelihood of deportation to Mexico; and (2) contemporaneous evidence at time defendant entered guilty plea indicated that he had accepted fact that he would be returned to Mexico, and that he wished swift release from prison to take care of his mother in Mexico.
Federal 7th Circuit Court
Criminal Court
Guilty Plea